The concept of law from a transnational perspective
著者
書誌事項
The concept of law from a transnational perspective
（Applied legal philosophy）
Routledge, 2016, c2010
- : pbk
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注記
"First published 2010 by Ashgate Publishing. Published 2016 by Routledge ... First issued in paperback 2016"--T.p. verso
Bibliography: p. [205]-220
Includes index
内容説明・目次
内容説明
This book brings together the fruits of different traditions in legal philosophy and draws on them to develop a systematic thesis on the concept of law. The work uses a legal model to explore the underlying question of how the current phenomena of transnational law are best understood, in combination with an examination of the traditions of JA1/4rgen Habermas's critical theory and H.L.A. Hart's analytic jurisprudence. This leads the author to conclude that the key to a fruitful dialogue and comprehensive understanding is to appreciate that the concept of law is not state-cantered and must reflect relationships to other legal systems.
目次
- Introduction
- Part I Habermas's Understanding of Law
- Chapter 1 Law in the Theory of Communicative Action
- Chapter 2 Law in Between Facts and Norms
- Chapter 3 Law in the Postnational Constellation
- Part II Hart's Concept of Law Reconsidered
- Chapter 4 Situating the Debate Between Habermas and Hart
- Chapter 5 Primary Rules of Obligation
- Chapter 6 Establishing Institutions
- Chapter 7 The Variety of Legal Systems
- Chapter 8 Relations Between Legal Systems
- Part III Law in a Transnational Perspective
- Chapter 9 The Quest for Normative Foundations
- Chapter 10 Conceiving General Jurisprudence
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